https://sleepyhollow.localarchives.org/files/original/ae6906816871783c4523f5063ebd97ed.pdf 6fe57ddab913d2cf3fe9977c3c559789 PDF Text Text Approved with respect to substance and form: Willdge Attorney Dated: i-21-4 1 Approved by the, Zoning Board of Appeals Ch^irlhan or Acting Chairman D&'ted: {--2.1-^1 Filed with Deputy Clerk Clerk or. Deputy Clerk Dated: //^ufof Qcf;H,K4g Date of Meeting �A Regular Meeting of the Zoning Board was held on Wednesday, October 17, 1990 at 8:00 PM in Village Hall. Present: Jerome Fine, Chairman Costas Boumis John Morabito Frank Paolantonio James Karr Vincent Buonanno John Cappello Also Present: John Hughes, Village Attorney James Margotta, Building Inspector Chairman Fine called the meeting to order at 8:05PM. 1. IN THE MATTER OF E. AKIN, 28 EVERGREEN WAY, NO. TARRYTOWN, N, Y. This is a continuation of last month's hearing. The Akin family is seeking a building permit for the construction of a one family home on a lot less than 15,000 ft. as required by the Zoning Code. Mr. Sam Watkins, Jr., attorney for the Akin's family addressed the Board and stated that just prior to the meeting he received the enclosed correspondence from the law firm of Reilly and Lewis, attorneys for the Sleepy Hollow Taxpayer's Association. He would need time to review its contents. He asked that the matter be tabled until next month. He was also requested to submit a site plan covering both lots at next month's hearing. 2. IN THE MATTER OF JOHN J. MANARDI, 89 NEW BROADWAY, NO. TARRYTOWN, N. Y. This is a continuation from last month's hearing. Mr. Minardi is seeking a building permit to repair and replace wood paneling and a single cabinet to the basement area. Mr. Rabinowitz, attorney for Mr. Minardi, appeared before the Board and discussed the alleged violations. Mr. Margotta is of the opinion that the kitchen in the basement constitutes a separate apartment, thereby making the dwelling non-confirming. Mr. Margotta also stated that if the stove was removed.from the basement kitchen, he would be inclined to grant the permit. Mr. Aldo Ceconi discussed the various boarders who lived in the dwelling and the question arose whether it was a two, three or four family house. He stated at one point two unrelated people lived in one apartment, thereby making them boarders in the dwelling. A motion to close the public hearing was made by Mr. Buonnano and seconded by John Cappello. 22 �BUSINESS MEETING After a long discussion, Mr. Hughes, Village Attorney had some question as to whether or not this matter should be before the Zoning Board. A motion to table this matter until the next meeting was made by Vincent Buonnano and seconded by John Morabito. Discussion will be continued on November 21, 1990. 3. IN THE MATTER OF DEMETRIOS KRINGAS. 149 WEBBER AVENUE, NO. TARRYTOWN. N. Y. Mr. Ron Turnquist presented affidavit of Service to the Clerk as required by the Ordinance. This is a public hearing to hear and consider an appeal from a decision of the building inspector in denying a building permit to create a new lot for a multi-family residence in an R-3 District, at 149 Webber Avenue, North Tarrytown, N. Y. Webber Avenue is in an R-3 District that allows one family residences on 5000 sq. ft. lots. The present property has a non-conforming five family residence on a single lot of 38,038 sq. ft. The proposed lot size would be reduced to 28,000 sq. ft. Mr. Turnquist appeared before the Board and gave a brief history of Mr. Kringas ' attempts to build on the property, and how the project has been downscaled from a five condo units to four, and he now states that Mr. Kringas plans to build two one family units on the site. Therefore parcel A & B are conforming for the one family house. Parcel c, where the existing five family dwelling is situated requires a variance since it is nonconforming in that a five (5) family building is not a permitted principal use in the R-3 District. PUBLIC HEARING Mrs. Lucille Ceconi stated that she had some questions concerning an environmental impact report and she also felt that the Board should table this particular item as there were not enough of the Briggsville Neighborhood Association present to make public statements. Mr. Peter Kringas, son of Mr. Dimitras Kringas, addressed the board and stated it has taken almost three years to acquire approval and be granted a variance. He pointed out the variance is not for the planned new one family dwelling, but for the existing 5 family dwelling that has been in existance for many years. A motion to close the public hearing was made by Mr. Vincent Buannano and seconded by John Cappello. 23 �BUSINESS MEETING; Mr. Buannano stated he is in favor of granting the variance for Parcel C, which has a pre-exisiting non-conforming five family dwelling on it. Mr. Boumis stated that in view of the fact that this was a Public Hearing and residents were notified by certified mail of the hearing to voice their concerns, he feels no need to continue this hearing until next month. He also stated residents can still address their concerns when this project comes before the Planning Board. A motion to grant the variance for the pre-exisiting (which is to remain in its current form for perpetuity) 5 family dwelling as is was made by Mr. Buananno and seconded by Mr. Paolantonio. The applicant has sufficiently demonstrated the required practical difficulties in that this property could be used for no other purpose. In addition, the proposed use for single family residences was in keeping with the Zoning Code, thereby maintaining the character of the area. Finally, the variance is the only means by which the applicant can obtain relief. A poll was taken, all voted aye. Motion passed unanimously. 4. IN THE MATTER OF PATRICIA DAMIN, 14 DELL STREET, NO. TARRYTOWN. N. Y. Chairman Fine read the notice of Public Hearing. Affidavits of Proof of Receipts were presented to the Recording Secretary. This is a public hearing to consider an appeal of a decision of the Building Inspector in denying a building permit for an addition to the residence at 14 Dell Street, Section 17, Block 1, Lot 11. Section 62-8B, Schedule of Regulations of the Zoning Code requires: 1) Lot size of 4,000 sq. ft., while the proposed lot size is 2,700; 2) The front yard requirement is 20'-0, while the proposed front yard is 11.90; 3) One side yard requirement is 3'-0, both sides require 12 ft. where the proposed side yard is 8'-11"; 4) The rear yard requirement is 25'-0 while the proposed rear yard in 3'-l". Mr. Compton Spain,Esq. attorney for the Damin's, addressed the Board and gave a brief background on this matter. At the October, 1988 meeting of the Zoning Board a variance from the rear yard requirements of the Zoning Code to add a 10' x 10' one story addition was granted to Ms. Damin. 24 �At the February 21, 1990 meeting, another public hearing was held, and the Board determined that Ms. Damin had demonstrated "practical difficulties" in meeting the requirements for the Zoning Code, in that she was constructing the addition to provide living space for her invalid mother; and in that she had initiated the construction in full reliance upon a building permit issued by the Building Inspector. The Board approved the following variances based on the aforementioned reasoning. 1) Lot size 2700 sq. ft. where 4,000 sq. ft. is required. 2) Front yard - 11.99 feet where 20 feet is required. 3) Rear yard - 3.1 ft. where 25 ft. is required. 4) Side yard - 3.0, total of 12 ft. where 8 ft. 11 inches on side, total of 9.06 feet. At this point, Mr. Spain presented a letter from John B. Robbins, M. D. attesting to Mrs. Esther Damin's medical condition, and the need for the 15 x 24 ground level addition, as it was the minimum amount of living space needed. Mr. Spain presented Mrs. Damin to the Board and asked her to confirm the doctor's report on her health condition. Mr. Kenneth Pell, Esq. attorney from Maroney, Ponzini and Spencer, Esqs. representing the Patton family, addressed the board and asked for an inspection of the addition. He also stated that the original addition was to be 10' x 10', and a 15' by 24' addition was built. He asked tht the Board deny the variance. Ms. Tish Maceyak addressed the board and stated that this issue has caused good neighbors to become bitter opponents. A motion to close the Public Hearing was made by Mr. Buannano and seconded by Mr. Karr. BUSINESS MEETING Mr. Buannano disqualified himself from the discussion. Mr. Paolantonio stated that the Board has held two previous public hearings on this matter. He made a motion to concur with the Board's earlier decisions to grant the variances. The motion was seconded by Mr. Cappello. On discussion of the motion, Mr. Hughes, Village Attorney, stated that the specific function of the meeting was to comply with the decision by the Honorable Joseph West, Justice of the Supreme Court of the State of New York in and for Westchester County. In his decision, Judge West directed the Board to consider two issues. 1) The extent to which Ms. Damin relied on the Building Inspector ; and 2) The issue of whether the 15 ft. by 24 ft. addition now constructed was the minimum variance necessary to accomplish the purpose of providing Mrs. Esther Damin with suitable residential accommodation in light of the previously approved 10 ft. x 10 ft. addition. 25 �Mr. Hughes read aloud proposed affidavit to be signed by James Margotta, a copy of which is attached hereto and made a part of these minutes. The affidavit indicates that Ms. Patricia Damin relied on Mr. Margotta for zoning advice and that he had erred in granting a building permit for the addition. As to whether the 15 ft. x 24 ft. addition was the minimum variance necessary, the Board considered the following factors is arriving at a decision: 1) . The addition, as presently constructed for Mrs. Esther Damin,contained 360 sq. ft., which the Board notes is an extremely small area. The Board noted that in most municipalities, the minimum apartment size was 600 sq. ft. 2 ) . The Board noted that a letter dated October 16, 1990 from Dr. John B. Robbins, M. D. indicating that the area constructed is the minimum amount necessary for Mrs. Esther Damin's accomodation. 3) . Mr. Hughes indicated that, at the request of Ms. Lynn Farrell, Esq. attorney from Mr. Patten, he inspected the residence. Inside the addition was a bedroom area for Mrs. Esther Damin, a bath and small laundry. It was obvious that the addition space was being used to provide living space for Mrs. Esther Damin. The Board also incorporated all previous meetings in this decision and found that the addition as built would have no negative effect on the character of the area, the problem cannot be solved by means other than a variance, there would be no population increase by virtue of the variance, and most significantly, the interests of justice would be served. A poll was taken. Messers. Boumis, Buannano and Moribito abstained. Messers Fine, Paolantonio, Karr and Cappello voted aye. A majority of the Board having voted in favor of granting the variance, the motion is carried. 5. IN THE MATTER OF VINCENT MARGOTTA, 122 DEYPEYSTER ST. NORTH TARRYTOWN, N. Y. This is a public hearing to consider a appeal from a decision of the building inspector in denying a building permit to renovate 89-91 Cortlandt Street, North Tarrytown known on Village Tax Assessment Map as Section 16, Block 9, Lot 1A. The Clerk read aloud the public notice and received the appropriate affidavits of Proof of Receipts. Ron Turquist, Architect, appeared before the Board to describe the applicant's project. At present, 91 Cortlandt is not occupied, but did have a bar and restaurant area, and in the rear of the building there were apartments on the first and second floor. The kitchen for the bar is located at 89 Cortlandt and 26 �currently has occupied apartments on the second and third floors. The applicant would like to re-open the bar and restuarant and rehabilitate the buildings. PUBLIC HEARING: Mr. Richard Ayers and Mr. Miguel Jimenez both addressed the Board saying the were not in favor of re-opening the bar and restaurant, and that the new Zoning code (62-20) should be enforced prohibiting restaurants and bars from operating 200 hundred feet from another establishment of the same type. John Cappello made a motion to close the Public Hearing, motion was seconded by Mr. Buannano. BUSINESS MEETING; Mr. Buannano is opposed to opening the bar and restaurant because it is in violation of Zoning Code Section 62-20. Mr. Cappello concurred. Mr. Buannano stated that if Mr. Margotta would rehabilitate the buildings without the restaurant, the Board would favorably consider granting the variances for the side yards, parking and the driveway. # After a discussion, it was decided to table this matter until the next meeting held in November. 6. IN THE MATTER OF BRUCE VON GLAHN, 159 PROSPECT ST., NO. TARRYTOWN, N. Y. This is a public hearing to consider an appeal from a decision of the building inspector in denying a building permit to install a mini-market at 180 Valley St. No.Tarrvtown. N.Y. known as Section 16, Block, Lot 6 . He is asking for a variance on Section 62-20. The clerk read aloud the Public Notice and received the appropriate Affidavits of Proof of Receipt. Mr. Donal Walsh attorney, for the applicant, addressed the Board on behalf of applicant stating what type of produce would be sold at the proposed mini-market, and stated he felt that new market would be an asset to the Village. Mr. Von Glahn presented a petition in favor of the new mini-market. Mr. Richard Ayers and Mr. Miguel Jiminez addressed the Board stating they were not in favor of the mini-market as it is in violation of the Zoning Code Section 62-20. Sean Treacy, Trustee, spoke of the reasons why the Section 62-20 was passed. 27 -«-^--:rf^iii^.'^=---^iW'^-:>-v^fcJ^^ Zoning Code �A motion to close the Public Hearing was made by Mr. Cappello and seconded by Mr. Moribito. BUSINESS MEETING; After much discussion, Mr. Buannano suggested that the applicant reconsider his application to open the mini-market, and come before the board with a different business such as a florist, etc. A motion to table further discussion until the next meeting was made by Mr. Buannano and seconded by Mr. Karr. 7. IN THE MATTER OF ROGELIO CAMPOS, LESSEE, 60 CLINTON ST. NO. TARRYTOWN, N. Y. This is a Public Hearing to the building inspector in restaurant at said address, He is asking for a variance consider an appeal from a decision of denying a building permit to have a known as Section 16, Block 4, Lot 6A. from the provisions of Section 62-20. The clerk read aloud the notice and received the appropriate affidavits of Proof of Receipt. Mr. Larry Rodriguez owner of the building stated that the prior tenant had a pizza parlor at this site, and had vacated the premises in May. Mr. Miguel Jiminez stated he was against granting the variance as it was in violation of Zoning Code 62-20. Mr. Buannano moved to close the Public Hearing and Mr. Boumis seconded the motion. BUSINESS MEETING: After a long discussion, it was suggested to Mr. Rodriquez that he present the prior tenant's lease to verify the date as when the lease ended. Matter was tabled until next month for further discussion. There being no further business, the meeting ended at 11:45 PM. Respectfully submitted, -^L&JLI &u ^ J \ L J Francesca Lorenz Recording Secretary encl. 28 �AFFIDAVIT STATE OF NEW YORK ) )ss.: COUNTY OF WESTCHESTER ) JAMES T. MARGOTTA, being duly sworn, deposes and says: (1) I am over the age of eighteen years of age and reside at 61 Merlin Avenue, North Tarrytown, New York. (2) I am the duly appointed Building Inspector of the Village of North Tarrytown and have been acting in such capacity since 1984. (3) That I am thoroughly familiar with the details surrounding the construction of an addition to the residence owned by Patricia Damin and located at 14 Dell Street, North Tarrytown, New York. (4) That Ms. Patricia Damin received a variance from the rear yard setback requirement of the Zoning Code on October 27, 1988, which variance permitted her to construct a ten foot by ten foot addition. (5) That, after receiving said variance, Ms. Damin and I had several discussions at my office wherein we agreed that an addition on the westerly side of her property would permit her to build a larger and more useful addition for the benefit of her invalid mother. (6) That I encouraged Ms. Damin to engage an architect to develop plans for a fifteen foot by twenty-five foot addition on the westerly side of her property. �(7) That I received plans for this addition from Studio Rai, P.C., the Architect. Based on these plans, on December 2, 1988,1 issued the building permit, No. 2700. (8) At all times during the period leading up to the issuance of this building permit, Ms. Patricia Damin relied on my advice and on my office with respect to zoning questions and the need for any variances from the Zoning Code. (9) In issuing a building permit, it was my error and omission in that I did not realize that several variances were required in connection with the construction of the addition on Ms. Damin 1 s westerly sideyard. It was my further error and omission to issue a building permit to her under these circumstances. *MMy *vfeM»8MB cf iMv lhvfc �RESOLVED: 1. The Zoning Board of Appeals (the "Board") of the Village of North Tarrytown hereby designates itself "Lead Agnecy" for purpose of considering the environmental effects of the following project: 2. Applicant: KringaX Premises: 149 Webber Avenue Project: Create building lot The Board has examined a Short Environmental Assessment Form prepared by the applicant. 3. The action as above described is an unlisted action pursuant to Article 8 of the Environmental Conservation Law and Part 617 of the Rules and Regulations promulgated thereunder, arid will, in and of itself, not have a significant effect on the environment, so that no Environmental Impact Statement is required or need be filled therefor. 4. Nothing herein contained, however, shall be deemed to indicate or suggest that subsequent submissions for development of the property will not require the preparation and filing of for the Environmental Impact Statements. 5. This resolution is a Negative Declaration purposes of Article 8 of the Environmental Conservation Law, Local Law Environmental Quality Review Act for the Village of North Tarrytown, and will be kept on file at the Village Hall and be available for public examination. Dated: J6~lX- 9° Village Counsel �RESOLVED: 1. The Zoning Board of Appeals (the "Board") of the Village of North Tarrytown hereby designates itself "Lead Agnecy" for purpose of considering the environmental effects of the following project: 2. Applicant: Damin Premises: 14 Dell Street Project: Area Variances - rehearing Section 17, Block 1, Lot 11 The Board has examined a Short Environmental Assessment Form prepared by the applicant. 3. The action as above described is an unlisted action pursuant to Article 8 of the Environmental Conservation Law and Part 617 of the Rules and Regulations promulgated thereunder, and will, in and of itself, not have a significant effect on the environment, so that no Environmental Impact Statement is required or need be filled therefor. 4. Nothing herein contained, however, shall be deemed to indicate or suggest that subsequent submissions for development of the property will not require the preparation and filing of for the Environmental Impact Statements. 5. This resolution is a Negative Declaration purposes of Article 8 of the Environmental Conservation Law, Local Law Environmental Quality Review Act for the Village of North Tarrytown, and will be kept on file at the Village Hall and be available for public examination. Dated:/(j- Jg" 9^> Village Counsel � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-1990 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_1990-10-17 Subject The topic of the resource Zoning Board Minutes & Resolutions-1990 Date A point or period of time associated with an event in the lifecycle of the resource 1990 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text